116.
On June 20, 2002, the court requested Mr. Tobar to indicate "whether he was willing to pay
in the Ministry of Foreign Affairs the expenses incurred as a result of the summons for the adoptive parents of
the minors to appear (…) otherwise the present case file would be shelved because it cannot continue to be
processed.”208
117.
On August 2, 2002, Mr. Tobar submitted a writ indicating that, after looking for financial
support, he could cover "any expense that might arise in this case and that are outside the purview of that
court (…) [such as] everything that is connected with the payment of sworn translators and similar
expenses.”209 On August 20, 2002, the court requested Mr. Tobar to appear on September 10 of that same
year "with respect to the proceedings which must be filed with the Ministry of Foreign Affairs.”210
118.
On September 19, 2002, the court shelved the case.211 It deemed that "because Mr. Gustavo
Amílcar Tobar Fajardo has not, to date, paid for the expenses described in the ruling of June 20, 2002 and that
the legal status of the child J.R. and the adolescent Osmín Ricardo Amílcar Tobar Ramírez was resolved in due
time, the judge ordered the shelving of the present proceedings, because they could not be processed.”212
3.1.
Threats, aggression, and persecution against Gustavo Tobar Fajardo
119.
On April 1, 2009, Mr. Gustavo Tobar Fajardo filed a complaint with the Office of the Human
Rights Ombudsman for assaults and threats made by anonymous armed persons in 2001 and 2009 in order to
intimidate him and prevent the continuation of the case213. He urgently requested the State to adopt
measures of security in order to be protected against the above-mentioned aggression.214
120.
In his complaint, Mr. Tobar stated that, during the period of time that appeals were being
filed to challenge the judicial declaration of abandonment of the Ramírez children, he was the target of
"aggression and persecution by persons directly involved in the events of the irregular adoption.”215 He
claimed that, in 2001, he was stabbed by a unknown individual who "warned him of the danger he risked if he
continued with the case.”216
121.
Mr. Tobar also stated that, on March 16, 2009, two anonymous armed persons went to his
home in motor vehicles with tinted windows.217 He contended that these persons knocked at the door of his
home and another person opened the door and informed that Mr. Tobar was not at home.218 He indicated that
208
Annex 50. Order, Juvenile Trial Court of the Department of Chimaltenango, June 20, 2002, Case file 183-2000.
209
Annex 51. Brief submitted by Mr. Gustavo Tobar to the Court of Chimaltenango on August 2, 2002.
210
Annex 52. Order for processing, Juvenile Trial Court of the Department of Chimaltenango, Case file 183-2000, August 20,
211
Annex 53. Ruling, Juvenile Trial Court of the Department of Chimaltenango, September 19, 2002, Case file 183-2000.
212
Annex 53. Ruling, Juvenile Trial Court of the Department of Chimaltenango, September 19, 2002, Case file 183-2000.
2002.
Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the
communication of the petitioners of July 19, 2013.
213
214 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the
communication of the petitioners of July 19, 2013.
215 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the
communication of the petitioners of July 19, 2013.
216 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the
communication of the petitioners of July 19, 2013.
217 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the
communication of the petitioners of July 19, 2013.
218 Annex 54. Brief submitted to the Office of the Human Rights Ombudsman, received on April 1, 2009. Annex 4 to the
communication of the petitioners of July 19, 2013.
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